53 Iowa 211 | Iowa | 1880
II. The supervisors are authorized to fix the salary of the sheriff. Code, section 3789. But the statute does not prescribe when such action shall be had. It may be properly done before the sheriff performs the duties for which the salary is compensation, indeed that is the proper time for such action, that the officer may know what compensation he will receive before he performs the services. If the compensation-allowed should be inadequate, he would have the right to resign the office, and he might choose to exercise that right. The allowance of the salary at the commencement of the officer’s term is demanded by fair dealing.
■ III. The petition does not show that plaintiff accepted the sum of fifty dollars, or 'any other sum, in payment for his services. It shows that sum was paid upon his salary. The second ground of the demurrer is not based upon facts pleaded.
TV. The statute (Code, section 3789),-authorizes the supervisors to allow to the sheriff, in addition to his fees, when the county has a population of not less than 10,000, not less than fifty dollars, and when it has a population of 15,000 not less than $150. Defendant’s counsel insist that, as it is not alleged the county has 15,000 population, and it in fact has but 10,000, the supervisors might have allowed him any sum within their discretion, and that they could not intelligently exercise their discretion before the officer rendered the services. But this does not meet the fourth point of the demurrer, which
Y. The fourth and fifth grounds of the demurrer may be considered together. The action of the supervisors in fixing the salary, and the rendering of the services upon the faith of such action, constituted a contract to which the sheriff was a party. The consideration therefor, flowing from plaintiff, is found in the performance of the services. The county cannot set aside and disregard the contract..
We conclude that the District Court erred .in sustaining, the demurrer, and the judgment is, therefore, reversed upon plaintiff’s appeal.
. 3. PRACTICE 111 court'Pab-ie stract. YI. The case is submitted to us upon an agreed abstract. The plaintiff files an amended abstract, setting out affidavits showing -the judgment to be different from that ° JO contained. in the abstract. It ought to be well understood that the record of a cause cannot be
Although the abstract is brief, yet its contents are presented in such a confused manner that it required much time and patience to discover the real facts and merits of the case. Counsel may now be advised that, if the ease is brought here again, they may probably fail to have it considered until they present an abstract properly prepared. This warning may be considered as directed to counsel in all cases presented in a like manner.
The costs of this court will be equally paid by each party. The costs of the trial in the court below will be taxed against the party making them.
Reversed on both appeals.